Rule 6. Non-Probate Proceedings Filed Within or Consolidated with a Probate Case

(a) Requirements. A non-probate proceeding may be filed within or consolidated with a probate case, under the case number assigned to the probate case, only under one of the following conditions: (1) if the probate case involves a decedent's estate, the personal representative must be a party to the non-probate proceeding; (2) if the probate case involves a guardianship or protective proceeding, the subject person's guardian or conservator must be a party to the non-probate proceeding; or (3) if the probate case involves the internal affairs of a trust, the trustee must be a party to the non-probate proceeding. (b) Separate Hearings and Severance. If a non-probate proceeding has been filed in or consolidated with a probate case, the court may order a separate hearing on one or more issues, or it may sever the non-probate proceeding from the probate case. When ordering a separate hearing, the court must preserve any right to a jury trial. (c) Definition of Party. As used in this rule, the word “party” means plaintiff, petitioner, defendant, respondent, counterclaimant, counter-defendant, cross-claimant, cross-defendant, third-party plaintiff, third-party defendant, or intervenor in the case filed within or consolidated with a probate case.